Rajasthan High Court - Jodhpur
Nkuda @ Naku And Anr vs Jagdish And Ors on 8 January, 2021
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 288/2010
1. Nkuda @ Naku S/o Khatu @ Khatiya, By Caste Bhill,aged 44
years;
2. Smt. Pari W/o Nkuda @ Naku S/o Khatu @ Khatiya, By Caste
Bhill, aged 40 years; both R/o Khar Dabara, Tehsil & District
Banswara
----Appellants-claimants
Versus
1. Jagdish S/o Modaram Vashnave, By Caste Vashnave, R/o
Dhavadeya, Post Mahuwada thana Jawarminee, Tehsil Sarada,
District Udaipur (Driver and Power of Attorney Holder);
2. Shri Kalyan Singh Rathore S/o Mansingh Rathore, By Caste
Rathore, R/o House No.124, Behind Hanuman Temple, Katari
Road, Udaipur. (Registered owner)
3. Branch Manager, ICICI Lombard, Insurance Company Ltd.
Through Branch Jaipur.
----Respondents
For Appellant(s) : Mr. Parikshit Nayak,through VC
For Respondent(s) : Mr. Vinay Kothari, through VC
HON'BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
08/01/2021
Learned counsel representing the parties have submitted a
Memorandum of Understanding as per which, the matter between
the parties has been mutually compromised in the spirit of Lok
Adalat and in addition to the amount of compensation already
awarded by the learned Tribunal to the claimant, a sum of
Rs.4,15,000/- is agreed to be paid by the respondent Insurance
Company to the claimants as enhanced compensation by way of a
full and final settlement of the case. As per the memo of
understanding, the enhanced amount of compensation shall be
(2 of 2) [CMA-288/2010]
deposited by the respondent No.3 Insurance Company with the
Tribunal within two months from today. It is also agreed that the
Insurance Company does not dispute its joint and several liability
to indemnify the claim along with the owner and driver of the
offending vehicle.
The memo of understanding shall constitute a part of the
award.
Accordingly, the appeal deserves to be allowed in part in
terms of the undertaking furnished by the parties. The
compensation awarded by the learned MACT, Banswara in Claim
Case No.388/2007 is further enhanced by Rs.4,15,000/- in favour
of the claimants/appellants as a full and final settlement of the
case. The amount so agreed shall be deposited by the respondent
Insurance Company with the Tribunal within a period of two
months from today failing which, the same shall carry interest @
7.5% per annum from the date of this order till actual realization.
The enhanced amount of compensation shall be disbursed to the
claimants in terms of the award.
The impugned award dated 23.05.2009 passed by learned
MACT, Banswara is modified accordingly.
The appeal is partly allowed in these terms.
(SANDEEP MEHTA),J
92-Mamta/-
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